Activity 4 Essay Example

  • Category:
    Law
  • Document type:
    Assignment
  • Level:
    Undergraduate
  • Page:
    1
  • Words:
    551

Activity 4

The provisions on extradition of the Single Convention on Narcotic Drugs (1961) and the Convention on Psychotropic Substances (1971) are largely similar. Remarkably, some of the provisions on extradition of the 1988 United Nations Convention against Illicit Traffic of Narcotic Drugs and Psychotropic Substances also are similar to those of the two conventions mentioned. To start with, both article 36 (2) of the 1961 convention and article 22 (2) of the 1971 convention stipulate that serious offences as described in those conventions are to be prosecuted either by the country in which the offence has taken place or by the party in whose territory the offender is found if extradition is not acceptable.1 To that extent, the two conventions are similar to article 6 (5) of the 1988 convention.2 In addition, article 36 (2) of the 1961 convention3 and article 22 (2) of the 1971 convention4 are similar to articles 6 (1) to 6 (5) of the 1988 convention.5 Generally, these articles establish principles relating to the extradition of offenders, including making the offences stipulated under those conventions extraditable offences as between countries which already have extraditable treaties.

At the same time, the provisions on extradition of the 1961 convention and the 1971 convention have significant differences from some of the provisions on extradition of the 1988 convention. Significantly, the articles of the 1988 convention are more detailed compared to those of the other two conventions. Articles 6 (6) to 6 (12) of the 1988 convention provides a basis to which an offender may or may not be extradited. Remarkably, they provide formal requirements for extradition if a requested party does not regard the offence to be serious. In addition, these provisions require requested parties to formally enhance prosecution of the offenders of the offences described in the convention in accordance with its provisions if extradition is not acceptable.6 Finally, these provisions require parties to make agreements and to provide each other with assistance in extradition and prosecution of offenders as stipulated under the convention. As such, some of these obligations are absent while others are not given sufficient detail in both the 1961 and 1971 conventions. In summary, given that the 1988 convention establishes formal grounds for extradition and also provides for mutual legal assistance in prosecution of the offenders which are not given sufficient exposure under the other two conventions, the provisions on extradition in this convention are expected to be more effective.

References

UK Cannabis Internet Activist, Single Convention on Narcotic Drug, 1961, Viewed, 17, April 2011 http://www.ukcia.org/pollaw/lawlibrary/singleconventiononnarcoticdrugs1961.php

UK Cannabis Internet Activist, The Convention on Psychotropic Substances, 1971, Viewed, 17, April 2011<http://www.ukcia.org/pollaw/lawlibrary/conventiononpsychotropicsubstances1971.php>

United Nations, The United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988, 2003, Viewed, 17, April 2011http://www.incb.org/pdf/e/conv/1988_convention_en.pdf

1
UK Cannabis Internet Activist, Single Convention on Narcotic Drug, 1961, Viewed, 17, April 2011 <http://www.ukcia.org/pollaw/lawlibrary/singleconventiononnarcoticdrugs1961.php>; UK Cannabis Internet Activist, The Convention on Psychotropic Substances, 1971, Viewed, 17, April 2011<http://www.ukcia.org/pollaw/lawlibrary/conventiononpsychotropicsubstances1971.php>

2
United Nations, The United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988, 2003, Viewed, 17, April 2011 <http://www.incb.org/pdf/e/conv/1988_convention_en.pdf>

3
UK Cannabis Internet Activist, Single Convention on Narcotic Drug, 1961, Viewed, 17, April 2011 <http://www.ukcia.org/pollaw/lawlibrary/singleconventiononnarcoticdrugs1961.php>

4
UK Cannabis Internet Activist, The Convention on Psychotropic Substances, 1971, Viewed, 17, April 2011<http://www.ukcia.org/pollaw/lawlibrary/conventiononpsychotropicsubstances1971.php>

5
United Nations (above)

6
United Nations (above)